Arizona weekly enterprise., 1887-04-30

l., P""SA oA AOfiitoIldl lSSlSltt ufeS TO en- :, ploy clerks beyond the number allowed
 by the United States statutes
 This controversy comes into this tri- f bunal, as court of original jurisdiction,
 upon an agreed statement of facts, un-
 der sections 20 and 7S0 of our Code of
 Civil Procedure. The statement of facts agreed upon by the parties and submit l ted to the court are:
 8 Flrst-That on the thirteenth day of t December, A. D. 1886, the Legislative
 Council of Idaho Territory proceeded to elect such attaches as have formerlv been elected; that the plaintiff was
 elected to position designated by said Council as Assistant Chief Clerk of the Councll, and that as such clerk he has ren dered services for 39 days. oecond-That Assistant Chief Clerks
 or the Council, so called, have been
 elected by former Assemblies of this
 Territory.
 Thlrd-That the duties devolvinr upon
 the Chief Clerk of said Council are on.r-
 ouS in the extreme, and that public bus-
 ness IS expedited by the employment of
 an assistant, and such assistance is n.c-
 sssary fvr the proper transacting of the
 business of the Council.
 Fourth-That the plaintiff made tb.
 demand of the defendant as con,n4no,,.
 of Idaho Territory for a warrant mon
 the general fund of the Territory for the
 sum of sl95, claimed by him to h.. d,a him for sad services. at the r,to If es per day, as said Assistant Chief Clork ana the defendant refuses to exac,ts ,,, oeliVSr sad warrant to plaintiff for the alleged reasons: q) That there is no law of the United States creating or reeog- nizing such subordinate officer of s;tl,er branch of the Legislative Assembly of the Territory; @ that the laws of the united States forbid the payment of moneys belonging to this Territory to any subordinate officers of the LegisIa- tive Assembly for services rendered srob Assembly; (3) that the laws of the United states forbid the creation of such sub- t ordinate office hy 2 Legislative Assem-. ply; and (4) because there is no law ,u- d thorlzng the Comptroller to draw war. rant Tn payment for services rendered said Assembly by persons net officer, of said Territory.
 The following sections of the United States statutes determine the powers and 'uth hority of our Territorial Assembly.
 See. 1851. The legislative mower If every Territory shall extend to All ripbt. ui subjects of legislation not incossist mt with the constitution and laws of tho United States"
 "sec. 1885 No law of any Tsr,ito,;s1 egislature shall be made CT enforced hv 'hlch the Governor CT Secretary of 2 .erritory, or the members or officers of ny Territorial legislature. are paid apv other than that provided { y the laws of the United States. 1
 Sec. 1888. No Legislative Assembly any Territory shall, in any instance under any pretext, exceed the am.unt appropriated by Congress for it's annual xpenses"
 In the case of National Bank vs 0unty of fankton, lO1 U S., 29, Mir. hiet Justice Waite, in announcing the n,, sois'on Of the court, says; "All territory eco ithm the jurisdiction of the United nf' of 'ates' not included in any State, must pov eccSsaFiiy be governed by or under the ~ lthority of Congress. x he relation of the Territories to tb. :, 'nsral government is much the s.,no os nal at which counties bear to their respect sbi States, and Congress may legislate for mil em as State does for it's municinal ;o operations. The organic law of Ter C 'ory takes the place of constitutio,, ta4' ts. the fundamental law eff the local GOV ley, nmsnt It IS obliga tory and binds the for ger rritorial authorities Congress has fulI is d complete legislative authority over said said people of the Territories and all the day pdrtments of the Territorial govern ocI. 'nt7 fber lo r It is clear. from the insnaot;,,, os II be g 'anlc act of the Territory, and from A decision of the Supreme Court sf tba orde lted States, that the Legislative As- FIoT I9l ably can be composed of such persons prin y as IS provided by Congressional en- "' D, D ment, and that the number of it's of. ITS and attaches is determined by the - le power A Legislative Assembly of Territory cannot increase the numbar 1a It's members or officers or attaches. Or cial
 amount of their compensation. bv ana A enactment of It's own. If the lenqtb agaiI tune allowed for it's session, or the ai:s So C abef of its officers, is not sufficient closu relief must oo,,a f,,, UT Ai'in NohSfess. deere ton 1855 of the United States Re Conr d Statutes limits tba oa,,,,,t. Terri
 o Soii PelsatIoh or Pnal